Have you been charged with resisting arrest in Indianapolis? At Patel Defense, we know that this can be a scary and stressful time in your life. Resisting arrest is often a charge that gets tacked on after an arrest for another charge. If the arresting officer feels like you are not following orders or listening, then they can charge you with resisting arrest. After you are arrested and charged, the first thing you should do is hire an experienced defense attorney who will fight for you.
Resisting arrest is defined as a person interfering with a law enforcement officer while they are performing a lawful arrest. This crime can be classified as a felony or a misdemeanor, depending on the actions of the defendant. Resisting arrest is classified as a misdemeanor when the person accused performs an action such as running and hiding from law enforcement. Resisting arrest is classified as a felony when the person accused acts violently or threatens to act violently toward the arresting officer. There are several types of resisting law enforcement including:
Resisting arrest includes physical acts like running, giving false identification, trying to help another person avoid arrest, or threatening an officer. Simply being slow to comply or swearing at an officer is not generally enough to gain an additional charge of resisting arrest. It is also within your rights to question an officer’s actions before complying with all of their requests.
While it may seem that it is nearly impossible to defend a resisting arrest charge since it is often your word against the officers, there are certain defenses that will work in your favor. Unlawful arrest is the best defense when it comes to defending your resisting arrest charge. If you did not do anything wrong to begin with, then the arrest was not lawful and the officer was working outside of his or her duties. Self-defense is an appropriate defensive strategy for a resisting arrest charge. You have the right to defend yourself if the officer is using excessive force against you. If the officer uses force against you in response to forceful resistance from you, then there is no basis for self-defense. False allegations can be a defense if you were charged with resisting arrest but you did nothing that is classified as resisting. For example, being rude, cursing, or questioning an officer is not resisting; however, an officer can be angry and retaliate by tacking on the extra charge. If you are arrested by an undercover officer who did not verbally identify himself, then you likely will not be convicted of resisting arrest.
In order to be convicted of resisting arrest, there has to be a knowledge and intention to commit the act. The prosecution must prove that you intentionally resisted arrest by force or flight. If you have been charged with resisting arrest in Indianapolis, it is important to contact an experienced defense attorney who will work with you to create an appropriate defense strategy.
While there are no guarantees, Patel Defense will work tirelessly to defend your case and obtain a fair result for you. We will preserve your freedom and protect your rights. It is important to hire an attorney as soon as these charges come about so that you have the best defense throughout the legal process. Contact us today for a free evaluation.